Abstract
The debate to make a balance between exercising the freedom of expression and the right to privacy has never reached a global consensus, even among the European Union member states. In relation to the copyright law, there are no prohibitions or limitations in taking photographs, but the right to privacy has to be taken into account. The problems between the act of taking photographs and its limitation regarding the right to privacy have been increased to a new level with the development of copyright law, called the freedom of panorama, which might allow taking photographs of private properties without having to gain prior consent.
Highlights
The protection of the basic human rights has been internationally recognised and implemented within various national laws since the enactment of the Universal Declaration of Human Rights by the United Nations General Assembly on 10 December 1948
The European Court of Justice engaged in an analysis of the relation between articles 10 and 11 of the European Convention on Human Rights related to the freedom of expression and freedom of assembly on one hand and the free movement of goods expressed by the EC Treaty on the other hand
The Debate: Should the freedom of panorama be protected as freedom of expression or should it be punished as breach of the right to privacy? Legal issues that might arise from the absence of law regarding the protection of the freedom of expression and the right to privacy in relation to copyright law can be described based on a hypothetical case
Summary
The protection of the basic human rights has been internationally recognised and implemented within various national laws since the enactment of the Universal Declaration of Human Rights by the United Nations General Assembly on 10 December 1948. The problems between the act of taking photographs and its limitation regarding the right to privacy have been increased to a new level with the development of copyright law, called the freedom of panorama which is the right to take photographs of copyright-protected works that are located or visible from public places. The Copyright Directive which takes effect among the European Union member states does not have any provision related to taking photograph of private properties. This means that the European Union member states may have different provisions to one another regarding the same legal problem, while their citizens are regulated under the. A unified regulation related to this problem would be a probable solution
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